Laxmi Narayan Soni v. Smt. Rajkumari Dhingani

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (227) No. 69 of 2016 Laxmi Narayan Soni S/o Late Chintamani Soni, Aged About 57 Years R/o Street No. 30, Qt. No. 6/ B, Sector -1, Bhilai, Tahsil And District Durg (Chhattisgarh) ---- Petitioner

Versus

1. Smt. Rajkumari Dhingani W/o Suresh Kumar Dhingani, Aged About 58 Years R/o Phataka Godam, Village Umda, Sub Tahsil Bhilai -3, Tahsil Patan, District Durg (Chhattisgarh)

2. State Of Chhattisgarh, Through District Collector, Distt. Durg (Chhattisgarh).

---- Respondents For Petitioner :

Shri T.K. Jha, Advocate.

For Respondent No.2 :

Shri Lav Sharma, Panel Lawyer.

Hon'ble Shri Justice Chandra Bhushan Bajpai Order on Board 01/02/2016 1.

Heard on admission.

2.

At the outset, learned counsel for the Petitioner submits that the order passed by the Court below dated 14.1.2016 is not a speaking order appreciating every facts mentioned in the interim application under Order XXVI Rule 9 of the Code of Civil Procedure (for short 'the Code'). 3.

It is prayed that the instant writ petition may be disposed of without issuing notice to Respondent No.1.

4.

Looking to the nature of the prayer and the facts contained in the petition and in the order dated 14.1.2016, the instant petition is hereby disposed of without any appreciation on its merit. 5.

The Court below is directed to dispose of the interim application under Order XXVI Rule 9 of the Code afresh after rehearing of both the parties.

Needless to mention that while appreciating the interim application, the order passed on 14.1.2016 shall not come in way.

6.

The instant WP (227) is disposed of.

7.

No order as to costs.

8.

Certified copy of the order today as per rules. Sd/- Chandra Bhushan Bajpai Judge Nimmi